TNAG-0931-FCO40-1149-Capital-punishment-in-the-Dependent-Territories-1980 — Page 115

BACKGROUND NOTE

CONFIDENTIAL

1. The abolition of capital punishment in the UK and its

retention of certain of the Dependent Territories (7), has

underlined the question whether to impose abolition in the

dependencies by an Act of Parliament, and damage relations with

the territories by interfering in what would be seen as a local

matter; or to continue to allow those territories that wish to

do so to retain capital punishment. In the latter event, HMG

would come under pressure from the UK abolitionist lobby to

prevent executions; but HMG could not properly do so merely on

the grounds that capital punishment had been abolished in the UK.

2. Ministers were invited earlier this year to consider whether

a change in policy was necessary, and whether abolition should

be imposed from London. They decided in favour of the status quo.

3. Ministers' attention is being drawn to the matter once

again, in view of several murder trials in the Dependent Terri-

tories which will probably give rise to protests from the abolition

lobby, and also to the possibility of civil unrest in the

territory if the sentence is commuted in the face of strong

local objections. Ministers may also be invited to consider

the feasibility of relieving Governors of their responsibility

for exercising the Prerogative of Mercy by various alternative

means, all of which would appear to be open to objection.

CONFIDENTIAL